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HomeMy WebLinkAbout007-85,DA SaLLE RESOLUTION NO. 7-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE Approving Deferred Improvement Agreement, MS 84-3 2715 Camino Tassajara Assessor's Parcel No. 215-090-014 The City Engineer has recommended that he be authorized to execute a Deferred Improvement Agreement with Luciano Queirlo, Doris Queirlo, Silvia Queirlo, and Linda Queirlo. This agreement would permit the deferment of construction of permanent improvements for the future public street that will serve this site. IT IS BY THE COUNCIL ORDERED that the recommendation of the City Engineer is APPR~;ED. PASSED, APPROVED AND ADOPTED THIS 4th day of February 1985, by the following vote: AYES: May, McNeely, Offenhartz, Schlendorf NOES: None ABSENT: Lane ATTEST: CITY c~C~L~E~RER MAY OR Originator: Engineering 542 San Ramon Valley Blvd. * Danville, CA * 94526 * (415) 820-6337 Recorded at the request of; CITY OF DANVILLE Return to: CITY OF DANVILLE ENGINEERING DEPARTNBNT 542 SAH RAMON VALLEY BLVD. DANVILLE, CA. 94526 '5 D~.~'R~Rm'~ INPROVENRNT AcmERKRNT (Project: MS 84-3) (Individual) f Id RECO~,m~Dma FOR APPROVgr.: By: Engineer ing THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CITY OF DANVI,.r.E ~ (See note b~) Peter P. Santins [77zo Lir~da Queirlo ) (NOTE: this document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code S313.) STATE OF CALIFORNIA COUN,,¥ OF Costa } ss. before me, the undersigned, a Notary Public in and for said State, personally appeared LOO,OWO (.~U61~'O~) T)O/E/S (~OEI,eOCO . ~t/...v/o ("ou~tRo~.o ~4~,/0 ~t,,,D,O 15)u6/~c~_c~' i ff'ff~.~-~ ALEX D. VOSICKA , I:~ o,.~-~:ffzl. q NOTARY PUBLIC - CALIFORNIA D ~) %S'7~ CONTRA COSTA COUNTY ' ~ My Comm. Expires July 22. 1988 D u, -, personally known to me or proved the basis of satisfactory evidence to be ~, to me on · the person~__ whose name.~ D~6 subscribed to the within instrument and acknowledged that .T/4ffy exe- cuted the same. WITNESS my hand and official seal. S, ur (5) (Thisarea ~roffici~ notarial~) 1. ~.n, JKilAo ........ referred to as City and Luciano Oueirlo, uo[~m ~, ...... hereinafter referred to as "Owner" mutually agree and promise as follows: ~hip nce) in .y and ership ~xecuted Lfter ~da Queirlo 2. PURPOSE. Owner desires to develop the property he owns as described in Exhibit "A" attached hereto and wishes to defer construction of permanent improvements, and City agrees to such deferment if Owner constructs improvements as herein promised. 3.AGREEKENT BI~DJNG ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit "A". All the terms, covenants and conditions herein imposed are for the benefit of City and the real property of interest therein which constitutes the City road and highway system and shall be binding upon and inure to the benefit of the land described in Exhibit "A" and the successors in interest of Owner. Upon sale or division of the property described in Exhibit "A", the terms of this agreement shall apply separately to each parcel, and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. 4. STREET AND DRATNAG~ ~PROVRRRNTSt A. The impmovements sat forth in this section may he dsferred by Owner and shall be constructed when required in the manner set forth in this eqreaent. The deferred improvements required by City Engineering Depart~nent are generally described on Exhibit "B" attached hereto. Rach of said improvement relate to the use, repair, maintenance or improvement of, or payment of taxes, special assessments or fees on, the property described in Exhibit 'As. B. When the City Engineer determines that there Is no further reason to defer construction of the improvements because their construction is necessary for the public health, welfare and safety and/or is necessary to the orderly development of the surrounding area, he shall notify OYnsr in writing to commence their installation end construction. The notice shall describe the work to he done by ernst, the time within which the work shall commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate on s pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rsta share of a cost of a facility provided by others, the notice shall include the amount to be paid and the time when payments must be made. 5. Pt~eORMANCE OF THE WO~e. Owner shell perform the work and make the payments required by City as set forth herein or ss modified by the City Council. Owner shall cause plans end specificsrices for the improvements to he prepared by competent persons legally quslified to do the work end to submit ssid improvement plans and specifications for spproval prior to commencement of the work described in the notice and to pay City inspection fees. The work shell be done in accordance with City standsrds in effect at the time improvement plans are submitted for approvsl. Owner agrees to cnmmence end complete the work within the time specified in the notice given by the Director of Public Works and to notify the City st least 48 hours prior to start of work. In the event Owner or his successor(s) in interest fails to construct any of the improvements required under this agreement, City may, at its option, do the work. A lien is hereby created on all property described in Exhibit "A" for the cost of such work. If City sues to compel performance of this agreement, to recover the cost of completing the improvements or to enforce the aforementioned lien, Owner shell psy all reasonable attorney's fees, costs of suit and all other expenses shall also become a lien on the property described in Exhibit "A". If the property described in Exhibit "A" is subdivided at the time said liens are imposed, the amount of said liens shall be divided proportionsrely among the various parcels. Permission to enter onto the property of owner is granted to City or its contractor as may be necessary to construct the improvements covered by this agreement. 6. JOINT COOPERATIVE PLAN. Upon notice by City, owner agrees =o cooperare w~tn other property owners, the City, and other public sEenoils to provide the improvements set forth herein under a joint cooperative plan including the formation era local improvement district, if this method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF REOUIRR~NTS. If Owner disagrees with the requirements set forth in any notice to commence installation of improvements, he shall, within 30 days of the date the notice was mailed, request a review of the requirements by the City Council of Danville. The decision of this Council shall be binding upon both City and Owner. 8. ACCEPTANCE OF IMPROVEMENTS. City agrees to accept those improvements specified in Exhibit "B" which are constructed and completed in accordance with City standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the City Council. owner agrees to provide any necessary temporary drainage facilities, access road or other required improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. 9. BONDS. Prior to City approval of improvement plans, Owner may be required to execute and deliver to the City a faithful performance bond and a payment bond in an amount and form acceptable to City to he released by the City Council in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. 10. INSURANCE. Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein a separate policy of insurance in a form end amount acceptable to City. 11. INDEMNITY. The Owner shall defend, indemnify and save harmless the City, it's officers, agents and employees, from every expense, liability or payment by reason of injury (including death) to persons or damage to property suffered through any act or omission, including passive negligence o= act o£ n~lipence, or bo~h, oE Owner, his developer, indirectly agreement, deferment temporary provision liability or its City. contractors, subcontractors, employees, agents, or anyone directly or employed by any of them, or arising in any way from work called for by this on any part of the premises, including those matters arising out of the of permanent drainage facilities or the adequacy, safety, use of non-use of drainage facilities, or the performance or non-performsnce of the work. This shall not be deemed to require the O#ner to indemnify the City against the for damage arising from the sole negligence or willful misconduct of the City agents, servants, or independent centrectors whc are directly responsible to the EXHIBIT "A" MS 84-3 All that real property situated in the County of Contra Costa, State of California, described as follows: All parcels as shown on Subdivision MS 84-3. MS 84-3 EXHIBIT B Improvements required by the City of Danville Planning Agency and the County Ordinance Code as adopted by the City of Danville as a condition of approval for the above-referenced development are located along the future public street shown on the Parcel Map of MS 84-3 for Parcels A and B, as described in Exhibit "A": 1. Approximately 470 linear feet of curb and gutter. 2. Approximately 6815 square feet of street paving. 3. Necessary longitudinal and transverse drainage. 4. Temporary conforms for paving and drainage as may be necessary to the time of construction. e Submit improvement plans to the City Engineer, for review; pay an inspection and plan review fee. Relocation of Utilities Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent.